Business Court Studies and Reports 1994 – 2009

Numerous states have produced studies on the merits of establishing business courts, or reports evaluating existing business courts. This post provides links to studies and reports on business courts and complex litigation courts produced between 2000 – 2009.

American Bar Association

R. Franklin Balotti and Roland E. Brandel, Business Courts in the United States, American Bar Association Section of Business Law Task Force on Business Courts (1994)

ABA Ad Hoc Committee on Business Courts, Towards a More Efficient Judiciary, 52 Bus. Law. 947 (1997)

A History of the Creation and Jurisdiction of Business Courts in the Last Decade (2004)

Arizona

Complex Civil Litigation Pilot Program in Maricopa County Report (2006)

Report of the Complex Civil Litigation Evaluation Committee (2009)

California

Judicial Council of California, Final Report of the California Judicial Council Business Court Study Task Force (May 16, 1997)

Paula L. Hannaford-Agar, Nicole L. Mott & Timothy F. Fautsko, Evaluation of the Centers for Complex Civil Litigation Pilot Program, National Center for State Courts and California Administrative Office of the Courts (June 30, 2003)

Paula Hannaford-Agar, Complex Litigation: Key Findings from the California Pilot Program, Civil Action, National Center for State Courts, Vol. 3 No. 1 (Winter 2004)

Colorado

Report of the Committee on Business Courts (2000)

Delaware

Commission on Major Commercial Litigation Reform, Report to Governor (1994)

Special Committee on Superior Court Business/Complex Litigation Report and Recommendation (2009)

Florida

Supreme Court of Florida’s Task Force on the Management of Cases Involving Complex Litigation, Report and Recommendations (April 30, 2008)

Georgia

Aequitas, Georgia Business Court Feasibility Study – The Way Forward and Best Practices in Other States (2002). [The authors of this study later wrote, Tim Dibble & Geoff Gallas, Best Practices in U.S. Business Courts, Court Manager (Vol. 19, Issue 2, 2004)]

Mary C. Gill & Kerry K. Vatzakas, Report on the Georgia Business Court Pilot Program, 14 Ga. Bar J. 38 (2009)

Maryland

Maryland Business and Technology Task Force Report (2000)

Maryland Business and Technology Case Management Program Implementation Committee’s Final Report(2001)

Massachusetts

The Business Litigation Session in Massachusetts Superior Court: A Status Report (2003)

The Massachusetts Business Litigation Session: Docket and Caseload Analysis (2004)

Michigan

Business Impact Committee of the State Bar of Michigan’s Judicial Crossroads Task Force, Report of the Business Impact Committee Meeting Minutes (2009-2010)

Mississippi

A Survey of the Structure of Business Courts by State or Local Jurisdiction (2008)

Mississippi Secretary of State Division of Policy and Research, Executive Summary of Business Courts/Complex Litigation Courts/Specialized Dockets by State or Local Jurisdiction, Business court roundtable discussion at MS Bar Association Annual Meeting (July 17, 2008)

National Center for State Courts

Paula L. Hannaford-Agar, Focus on Business and Complex Litigation Courts, Civil Action (Vol. 1, No. 1) (Aug. 2000)

Paula L. Hannaford-Agar, Nicole L. Mott & Timothy F. Fautsko, Evaluation of the Centers for Complex Civil Litigation Pilot Program, National Center for State Courts and California Administrative Office of the Courts (June 30, 2003)

Paula L. Hannaford-Agar, Complex Litigation: Key Findings from the California Pilot Program, Civil Action, National Center for State Courts, Vol. 3, No. 1 (Winter 2004)

David C. Steelman and Richard Van Duizend, National Center for State Courts,Civil Programs in the Philadelphia Court of Common Pleas – Final Report (Sept. 2004) (pages 51-54 discuss the Commerce Court)

Nevada

Legislative Commission’s Subcommittee to Encourage Corporations and Other Business Entities to Organize and Conduct Business in This State [Nevada], Minutes of Meeting (Nov. 19, 1999) John H. O. La Gatta, Overview of Issues and Background Information Relating to the Creation of a Court of Limited Jurisdiction in Nevada for Resolving Litigation and Contractual Disputes Involving Business Entities

Legislative Commission’s Subcommittee to Encourage Corporations and Other Business Entities to Organize and Conduct Business in This State [Nevada], Report to the 71st Session of the Nevada Legislature, Creation of Specialized Business Procedures in Nevada’s Court System (2000)

Annual Report of the Nevada Judiciary (1999-2000), Business Courts, page 16

Report from Judge Brent Adams on business court in Nevada’s Second Judicial Circuit (Reno) to Supreme Court (Oct. 2006)

Eighth Judicial District Court (Las Vegas), Judge Mark Denton and Judge Elizabeth Gonzales, Business Court (Jan. 2008)

Nevada Legislature Commission’s Subcommittee to Study the Benefits, Costs, and Feasibility of the Implementation of Courts of Chancery (Jan. 29, 2008)  

Nevada Legislature Commission’s Subcommittee to Study the Benefits, Costs, and Feasibility of the Implementation of Courts of Chancery (July 8, 2008)  

Legislative Commission’s Subcommittee to Study the Benefits, Costs, and Feasibility of the Implementation of Courts of Chancery in Nevada, Work Session Document (July 8, 2008)

Legislative Commission’s Subcommittee to Study the Benefits, Costs, and Feasibility of the Implementation of Courts of Chancery in Nevada, Implementation of Chancery Courts, Bulletin No. 09-03 (Jan. 2009)

New Jersey

Hon. Stephen M. Orlofsky, New Jersey Supreme Court Complex Commercial Subtrack Advisory Committee Report, Supreme Court of New Jersey (April 16, 1997)

Ad Hoc Committee on Business Court, NJSBA Report on Business Courts (1998)

New York

Commercial and Federal Litigation Section of the New York State Bar Association, A Commercial Court For New York (Jan. 19, 1995)

New York County Commercial Division Operating Statement (Nov. 6, 1995)

Monroe County, New York, Commercial Division Report (Nov. 7, 1996)

New York County Commercial Division Report (Nov. 7, 1996)

[New York] Commercial Division ADR: A Survey of Participants (Oct. 17, 1997)

New York County Commercial Division Report (Dec. 2, 1997)

New York County Commercial Division Case Statistic Data Charts (1997)

New York County Commercial Division, The Courtroom of the 21st Century (1997)

The Commercial Division Law Report (Jan. 2000) (including statements given on November 9, 1999 on fourth anniversary of the Commercial Division)

Monroe County, New York, Commercial Division Report (Nov. 2000)

New York County Commercial Division Report (Nov. 8, 2000)

Westchester County Commercial Division Report 2000

Commercial Division Focus Groups Report (2006)

Special Commission on the Future of New York State Courts, A Court System for the Future: The Promise of Court Restructuring in New York State, pages 61-63 (Feb. 2007)

North Carolina

Reports on the Activities of the North Carolina Business Court for the following five time periods: (i)1996-2000, (ii) 2000-2001, (iii) 2001-2002, (iv) 2002-2003, and (v) 2006-2008

Report on Activities of the North Carolina Business Court 2002 to 2003

Chief Justice’s Commission on the Future of the North Carolina Business Court Final Report and Recommendation (2004)

Report on the Activities of the North Carolina Business Court 2006-2008

Report on the Activities of the North Carolina Business Court 2009

Oklahoma

E.D.G.E. Final Report (2003)

Pennsylvania

Pennsylvania Corporation Bureau Advisory Committee, Report of the Pennsylvania Corporation Bureau Advisory Committee Subcommittee on the Commerce Court (April 29, 1996)

Pennsylvania Bar Association Ad Hoc Commerce Court Committee, Report to the Board of Governors of the Pennsylvania Bar Association (Aug. 19, 1997)

Philadelphia

David C. Steelman and Richard Van Duizend, National Center for State Courts, Civil Programs in the Philadelphia Court of Common Pleas – Final Report (Sept. 2004) (pages 51-54 discuss the Commerce Court)

Mitchell L. Bach and Lee Applebaum, “The Philadelphia Court of Common Pleas’ Commerce Case Management Program in the Context of the Nationwide Development of Business Courts” (Phila. Bar Association Seminar Nov. 2004)

Study and Analysis of the Philadelphia Commerce [Court] Program (2005)

Links to Reports on Philadelphia’s Commerce Court can be found here

South Carolina

Report of the South Carolina Bar’s Task Force on Courts re: The Creation of a Business Court Pilot Program (2007)

Report on South Carolina’s Business Court Pilot Program (2009)

Texas

Texans for Lawsuit Reform Foundation, Recommendations for Reform, The Texas Judicial System (2007)

Virginia

Boyd-Graves Committee on Establishment of a Business Court with Jurisdiction Limited to Complex Business Cases, Report, in Boyd Graves Conference pages 87-90 (Virginia Oct. 2002)

West Virginia

Independent Commission on Judicial Reform, Final Report (Nov. 15, 2009)

Posted by Lee Applebaum